Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Society (5)
- Courts (4)
- Elder Law (4)
- Legal Ethics and Professional Responsibility (4)
- Science and Technology Law (4)
-
- Health Law and Policy (3)
- Judges (3)
- Jurisprudence (3)
- Law and Gender (3)
- Legal Education (3)
- Legal History (3)
- Legal Profession (3)
- Medical Jurisprudence (3)
- Social and Behavioral Sciences (3)
- Civil Rights and Discrimination (2)
- Common Law (2)
- Family Law (2)
- Food and Drug Law (2)
- Immigration Law (2)
- Intellectual Property Law (2)
- Juvenile Law (2)
- Law and Economics (2)
- Litigation (2)
- Rule of Law (2)
- State and Local Government Law (2)
- Torts (2)
- Administrative Law (1)
- Applied Behavior Analysis (1)
- Arts and Humanities (1)
- Institution
- Publication
-
- Pepperdine Law Review (10)
- Marquette Elder's Advisor (4)
- Faculty of Law - Papers (Archive) (3)
- Marett Leiboff (3)
- Vernon M Briggs Jr (2)
-
- A Low-Carbon Energy Blueprint for the American West (Martz Summer Conference, June 6-8) (1)
- Cynthia M Ho (1)
- Faculty Publications By Year (1)
- Faculty of Law, Humanities and the Arts - Papers (Archive) (1)
- Journal Articles (1)
- Luke McNamara (1)
- Mary Wilson (1)
- Professor Nan Seuffert (1)
- Scholarly Works (1)
- Srividhya Ragavan (1)
- Touro Law Review (1)
- UNLV Theses, Dissertations, Professional Papers, and Capstones (1)
- Publication Type
- File Type
Articles 1 - 30 of 34
Full-Text Articles in Law
Talkin' 'Bout Law's Generations: Intergenerational Differences In Reading Legal Texts, Marett Leiboff
Talkin' 'Bout Law's Generations: Intergenerational Differences In Reading Legal Texts, Marett Leiboff
Marett Leiboff
This paper describes a project I am currently undertaking which seeks to find out if generational differences affect the reading of legal texts, with the potential to compromise the possibility of textual integrity in law. I am calling this concept ‘intergenerational interpretative dissonance’. Using an empirical study (which is currently on foot), the project is drawing on ‘pop culture’ generations to undertake a quiz-style survey to explore differences in knowledge, history and meanings about non-legal events in order to establish what non-legal knowledge is shared (or not) by different generations of lawyers. The survey is being used to provide background …
"Talkin' 'Bout Law's Generations: An Empirical And Jurisprudential Investigation Into The Reading Of Legal Cases By Different Generations Of Lawyers", Marett Leiboff
Marett Leiboff
The Australian TV comedy quiz show, Talkin’ ‘bout your generation, pits the knowledge of three different teams of generations against each other. Like a highlystrung game of trivial pursuit, the show’s comedy darkly exposes the speed with which knowledge, language and meaning is lost and misinterpreted across and between generations. This pilot study, Talkin’ ‘bout law’s generations takes its cue from its namesake, by discovering if legal interpretation is similarly affected. But the character of legal interpretation being explored is not uni-dimensional, and is instead exploring if (and how) social, political, historical and linguistic knowledge is deployed by its interpreters. …
Legal Theories: Contexts And Practices, Marett Leiboff, Mark Thomas
Legal Theories: Contexts And Practices, Marett Leiboff, Mark Thomas
Marett Leiboff
So what does legal theory have to do with life, the universe, and everything the everyday practices of the law? Legal Theories: Contexts and Practices shows how the seemingly remote world of legal theory, philosophy and jurisprudence is actually used in the day-to-day experience of law in all its forms. The book considers how basic legal concepts, such as tort and contract law, are grounded in social and political theory, and how the different legal outcomes will result from the use of theories of varying types and dimensions.This new book reinforces Marett Leiboff and Mark Thomas reputation as innovators and …
Mapping Connections : Postcolonial, Feminist And Legal Theory, Ian Duncanson, Nan Seuffert
Mapping Connections : Postcolonial, Feminist And Legal Theory, Ian Duncanson, Nan Seuffert
Professor Nan Seuffert
Introduction to special issue of collected papers from symposium 'Mapping Law at the Margins', Brisbane, December 2004 - covering operation of the law at the intersections of race, class and gender from colonial times to the present through the lens of postcolonial theory. This Special Issue of the Australian Feminist Law journal collects papers largely from the second Symposium 'Mapping Law at the Margins' Brisbane, December 2004, organized to make visible the operation of the law at the intersections of race, class and gender from colonial times to the present through the lenses of postcolonial theory. Practices of map drawing …
For Law Review Citations, Are All Citators Created Equal? A Comparison Of Four Citators, Pamela C. Brannon
For Law Review Citations, Are All Citators Created Equal? A Comparison Of Four Citators, Pamela C. Brannon
Faculty Publications By Year
No abstract provided.
Ethics In Legal Education: An Augmentation Of Legal Realism, Gerald R. Ferrera
Ethics In Legal Education: An Augmentation Of Legal Realism, Gerald R. Ferrera
Pepperdine Law Review
No abstract provided.
Beyond Abortion: Human Genetics And The New Eugenics, John R. Harding Jr.
Beyond Abortion: Human Genetics And The New Eugenics, John R. Harding Jr.
Pepperdine Law Review
No abstract provided.
Is Culture A Justiciable Issue? , Jessica L. Darraby
Is Culture A Justiciable Issue? , Jessica L. Darraby
Pepperdine Law Review
No abstract provided.
The Child's Right To Be Heard And Represented In Judicial Proceedings , Howard A. Davidson
The Child's Right To Be Heard And Represented In Judicial Proceedings , Howard A. Davidson
Pepperdine Law Review
No abstract provided.
Medical Evidence In Cases Of Intrauterine Drug And Alcohol Exposure , Judith Larsen, Robert M. Horowitz, Ira J. Chasnoff
Medical Evidence In Cases Of Intrauterine Drug And Alcohol Exposure , Judith Larsen, Robert M. Horowitz, Ira J. Chasnoff
Pepperdine Law Review
No abstract provided.
Corporations As Ships: An Inquiry Into Personal Accountability And Institutional Legitimacy , Art Wolfe
Corporations As Ships: An Inquiry Into Personal Accountability And Institutional Legitimacy , Art Wolfe
Pepperdine Law Review
No abstract provided.
Vaccines And The Law, Michael Sanzo Ph.D.
Vaccines And The Law, Michael Sanzo Ph.D.
Pepperdine Law Review
The last twenty years have seen a sea-change in the area of proving causation in the toxic tort setting, with courts demanding stronger, scientifically tested evidence. At the same time, a closely related debate has been raging about separating cause from coincidence under the National Childhood Vaccine Injury Act compensation program for injuries that might have been the result of vaccinations. The Vaccine Act created a no-fault compensation fund financed by a tax on childhood vaccines to address harms resulting from those vaccines. Unfortunately, Congress gave little direction with regard to the level of causal certainty that would be required …
When Will Black Women Lawyers Slay The Two-Headed Dragon: Racism And Gender Bias, Wilma Williams Pinder
When Will Black Women Lawyers Slay The Two-Headed Dragon: Racism And Gender Bias, Wilma Williams Pinder
Pepperdine Law Review
No abstract provided.
Images Of Men In Feminist Legal Theory , Brian Bendig
Images Of Men In Feminist Legal Theory , Brian Bendig
Pepperdine Law Review
No abstract provided.
Separation Of Powers Doctrine On The Modern Supreme Court And Four Doctrinal Approaches To Judicial Decision-Making, R. Randall Kelso
Separation Of Powers Doctrine On The Modern Supreme Court And Four Doctrinal Approaches To Judicial Decision-Making, R. Randall Kelso
Pepperdine Law Review
No abstract provided.
Practicing On Purpose: Promoting Personal Wellness And Professional Values In Legal Education, Gretchen Duhaime
Practicing On Purpose: Promoting Personal Wellness And Professional Values In Legal Education, Gretchen Duhaime
Touro Law Review
No abstract provided.
Responding To Hate In A Multicultural Society: Forms Of Legal Intervention, Luke Mcnamara
Responding To Hate In A Multicultural Society: Forms Of Legal Intervention, Luke Mcnamara
Luke McNamara
No abstract provided.
Checkpoint Watch: Bureaucracy And Resistance At The Israel/Palestinean Border, Irus Braverman
Checkpoint Watch: Bureaucracy And Resistance At The Israel/Palestinean Border, Irus Braverman
Journal Articles
This essay sketches my personal impressions of the changes that have occurred over the last decade in Israeli checkpoints in and around Jerusalem. These changes are both in the physical design of the checkpoints as well as in their human management. My particular focus is on the women’s human rights organization MachsomWatch. The role of MachsomWatch has changed in a way that parallels the solidification and the bureaucratization of the border. Nowadays, MachsomWatch women - originally avid protestors of the Israeli occupation of the West Bank - have, despite themselves, become a routine feature in the occupational apparatus. This essay’s …
An Ethics Problem Involving Financial Abuse, Michael K. Mcchrystal
An Ethics Problem Involving Financial Abuse, Michael K. Mcchrystal
Marquette Elder's Advisor
This column, which analyzes a particular guardianship situation, illustrates the legal pitfalls created when an attorney, at the outset of establishing a guardianship, does not identify who is the client. When an adult child consults an attorney to establish a guardianship for an elderly parent, what obligations, both positive and negative, are imposed on the attorney to prevent harm to a former client.
From The Margins To Pacesetting: The Place Of The Elderly In U.S. Legal History From A Historian's Perspective, W. Andrew Achenbaum
From The Margins To Pacesetting: The Place Of The Elderly In U.S. Legal History From A Historian's Perspective, W. Andrew Achenbaum
Marquette Elder's Advisor
Prior to the Civil War, the small percentage of Americans who were elderly lived on the margins of society. Uncared-for poor elderly persons could be placed in poor-houses. Achenbaum discusses the evolution, through veteran's benefits, Social Security, corporate and union pension plans, and Medicare to a society where the care and well-being of the elderly are among the most important legal issues of the day.
The Disjunction Between Prevention And Compensation Of Hip Fractures Among Elderly Citizens: The Law's Role In Creating Ex Ante Incentives, Janis Sarra
Marquette Elder's Advisor
This article examines the relationship between the compensation for and the prevention of hip fractures among the growing population of seniors in Canada. Sarra postulates that the current system expends funds on liability protection that would be better spent on prevention. Options explored are no-fault compensation, redirecting legal resources, negotiated risk, and adjust[ing] the tax base to ensure that there are sufficient resources to support elderly individuals.
Life, Liberty, And The Pursuit Of Death Of The Inconvenient Other , Jonathan Penn
Life, Liberty, And The Pursuit Of Death Of The Inconvenient Other , Jonathan Penn
Marquette Elder's Advisor
This article looks at end-of-life issues, focusing on physician-assisted suicide, whether the United States government's numerous responsibilities created by the Older Americans Act and other similar acts, such as the government's financial limitations, and a growing elderly population will lead to a deterioration of society's view of elders and a legitimization and acceptance of assisted suicide.
From Infringement To Innovation: Counterfeiting And Enforcement In The Brics, J. Benjamin Bai, Keith D. Lindenbaum, Yi Qian, Cynthia Ho
From Infringement To Innovation: Counterfeiting And Enforcement In The Brics, J. Benjamin Bai, Keith D. Lindenbaum, Yi Qian, Cynthia Ho
Cynthia M Ho
No abstract provided.
Agenda: A Low-Carbon Energy Blueprint For The American West, University Of Colorado Boulder. Natural Resources Law Center, University Of Colorado Boulder. Renewable And Sustainable Energy Institute, Western Resource Advocates, Rocky Mountain Research Station (Fort Collins, Colo.)
Agenda: A Low-Carbon Energy Blueprint For The American West, University Of Colorado Boulder. Natural Resources Law Center, University Of Colorado Boulder. Renewable And Sustainable Energy Institute, Western Resource Advocates, Rocky Mountain Research Station (Fort Collins, Colo.)
A Low-Carbon Energy Blueprint for the American West (Martz Summer Conference, June 6-8)
The future of the planet may depend upon our ability to increase energy supplies even as we reduce carbon emissions. This conference will address how a low-carbon energy program might evolve with a particular focus on the American West. It will focus on the future of energy in the West--on a “managed transition” to a different energy mix, on the need to nest this effort in a framework that acknowledges interconnections, and on identifying the most salient opportunities to consider the legal, political, financial, and technical challenges.
The Existing Legal Infrastructure Of Brics: Where Have We Been And Where Are We Going?, Robert B. Ahdieh, Zhu (Julie) Lee, Srividhya Ragavan, Kevin Noonan, Clinton W. Francis
The Existing Legal Infrastructure Of Brics: Where Have We Been And Where Are We Going?, Robert B. Ahdieh, Zhu (Julie) Lee, Srividhya Ragavan, Kevin Noonan, Clinton W. Francis
Srividhya Ragavan
No abstract provided.
Adaptive Behavior Malingering In Legal Claims Of Mental Retardation, Renee M. Kadlubek
Adaptive Behavior Malingering In Legal Claims Of Mental Retardation, Renee M. Kadlubek
UNLV Theses, Dissertations, Professional Papers, and Capstones
In 2002, the Supreme Court ruled that it is unconstitutional to put people with mental retardation to death for capital crimes (Atkins v. Virginia, 2002). Justice Scalia dissented, suggesting that mental retardation is a condition easy to feign. The current study examined whether participants provided with the definition of mental retardation and adaptive behavior ("informed malingering group") are any better at malingering having mental retardation than participants not provided with the definitions ("malingering group"). Three groups of participants participated in this study: the control group, the malingering group, and the informed malingering group. All participants completed an intellectual assessment and …
Immigration Policy And Low Wage Workers: The Influence Of American Unionism, Vernon Briggs
Immigration Policy And Low Wage Workers: The Influence Of American Unionism, Vernon Briggs
Vernon M Briggs Jr
Public testimony by Prof. Briggs given at the Hearing before the Subcommittee on Immigration, Border Security, and Claims of the Committee on the Judiciary, House of Representatives, October 30, 2003.
Immigration Policy And Low Wage Workers: The Influence Of American Unionism, Vernon Briggs
Immigration Policy And Low Wage Workers: The Influence Of American Unionism, Vernon Briggs
Vernon M Briggs Jr
Public testimony by Prof. Briggs given at the Hearing before the Subcommittee on Immigration, Border Security, and Claims of the Committee on the Judiciary, House of Representatives, October 30, 2003.
An Ecosystem Approach To Management Of Seamounts In The Southern Indian Ocean. Volume 3 - Legal And Institutional Gap Analysis, Robin M. Warner, Philomene Verlaan, Gail Lugten
An Ecosystem Approach To Management Of Seamounts In The Southern Indian Ocean. Volume 3 - Legal And Institutional Gap Analysis, Robin M. Warner, Philomene Verlaan, Gail Lugten
Faculty of Law, Humanities and the Arts - Papers (Archive)
The International Union for Conservation of Nature (IUCN) is committed to achieving effective protection, restoration and sustainable use of biological diversity and ecosystem processes on the high seas. IUCN Resolution 4.031 (2008), “Achieving conservation of marine biodiversity in areas beyond national jurisdiction”, called, inter alia, for the promotion of arrangements, processes and agreements that ensure the consistent, coordinated and coherent application of the best conservation and governance principles and approaches, including integrated ecosystem-based management and the precautionary approach.
Women's Participation In Union Parishads: A Quest For A Compassionate Legal Approach In Bangladesh From An International Perspective, Afroza Begum
Faculty of Law - Papers (Archive)
A woman's capacity to participate in politics is a constitutionally entrenched and fundamental right in Bangladesh, repeatedly affirmed in several pieces of legislation, the most recent being the Local Government Act, 2009. Despite the endorsement of a series of affirmative features to promote women's equality, empirical research reveals very disappointing results. This paper investigates some of the fundamental constraints that hinder women's participation in Union Parishads, the third tier of local government, with special reference to a number of serious flaws in the Act. A compassionate approach is developed for the workplace to accommodate exceptional gender-centric concerns in Union Parishads …